Legal Opinion
Phillips v. Boatel Inc.
District Court, E.D. Louisiana
Decided March 7, 1968No. Civ. A. No. 15638PublishedCited by 5 opinions
1Opinion of the Court
RUBIN, District Judge:
FINDINGS OF FACT
1. The plaintiff (Phillips) was employed by the defendant (Boatel) to serve as both cook and deckhand aboard a barge, Barge 12. On May 12, 1963, he was injured in the course of his duties and in the service of the vessel.
2. The injury was not due to the negligence of the defendant or any of its employees, nor was it due to the unseaworthiness of the barge. It was due solely to the maneuvering of the Tugs CAPTAIN DALE and W.M.L. These tugs were owned and operated by independent contractors, and were not under the control of the defendant. The defendant is…
2Cases cited6 opinions
- Calmar Steamship Corp. v. TaylorSupreme Court of the United States · 1938
- James E. Vickers, D/B/A Delta Towing Company v. Floyd W. TumeyCourt of Appeals for the Fifth Circuit · 1961
- Hudspeth v. Atlantic & Gulf Stevedores, Inc.District Court, E.D. Louisiana · 1967
- United States v. RobinsonCourt of Appeals for the Fifth Circuit · 1948
- Creppel v. J. W. Banta Towing, Inc.District Court, E.D. Louisiana · 1962
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Richard Tate v. American Tugs, Inc. And Underwriters at Lloyd's of London, DefendantsCourt of Appeals for the Fifth Circuit · 1981
- Solet v. M/V Capt. H. v. DufreneDistrict Court, E.D. Louisiana · 1969
- Duplantis v. Williams-McWilliams Industries, Inc.District Court, E.D. Louisiana · 1969
- Carline v. Capital Marine Supply, Inc.District Court, E.D. Louisiana · 1979
- Morel v. Sabine Towing & Transportation Co.District Court, E.D. Texas · 1981